Article II, Hypothetical New-World Constitution

Edit: 1. Changed instances of "appoint all other officers" in the enumerations of powers to the Comptroller and Auditor General, Commissioner General, and Attorney General to "appoint all other principle officers."
2. Added a provision allowing the Governor General to temporarily fill Executive positions vacant due to non-consensus in the Congress concerning qualifications of nominees for Executive candidates.

Article II. The Executive.

Section 1. The powers to execute the laws of the State will be vested in the State Executive Office, which shall be divided into four offices: the office of the chief executive, whose chief executive shall be the Governor General, the department of the Treasury, whose chief executive shall be the Comptroller and Auditor General, the department of State, whose chief executive shall be the Commissioner General, and the department of Justice, whose chief executive shall be the Attorney General. The executive power of the State shall be constrained to the powers herein enumerated and shall not be construed to extend to any powers not herein enumerated. Each of these Executive Officers shall, at stated times, receive for their services, a compensation, which shall neither be increased nor diminished during the period for which they shall have been elected, and they shall not receive within that period any other emolument from the State.

Section 2a. All executive power not otherwise delegated to an officer of the Executive shall be vested in a Governor General. He shall hold his office during the term of four years, and, together with the Lieutenant Governor, chosen for the same term, be elected, as follows:

2b. The People in each Senate district will choose from among themselves, in such manner as the Congress may direct, one elector. No Councilor or Senator, or person holding an office of trust or profit under the State, shall be appointed an elector.

2c. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the State.

2d. The electors shall meet in the Capital and consider among themselves the Candidates for Governor General and Lieutenant Governor. Once considered, the electors shall vote by ballot for Governor General and Lieutenant Governor, one of whom, at least, shall not be an inhabitant of the same Senate district as themselves. They shall name in their ballots the person voted for as Governor General, and in distinct ballots, the person voted for as Lieutenant Governor, and they shall make distinct lists of all persons voted for as Governor General, and of all persons voted for as Lieutenant General, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the President of the Senate.

2e. The President of the Senate shall, in the presence of the Common Council and the Senate, open all the certificates and the votes shall then be counted. The person having the greatest number of votes for Governor General shall be Governor General, if such a number be a majority of the whole number of electors appointed, and if no person having such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as Governor General, the Common Council shall choose immediately, by ballot, the Governor General. A quorum for this purpose shall consist of two thirds of the whole number of Councilors, and a majority of the whole number shall be necessary to a choice. And if the Common Council shall not choose a Governor General whenever the right of choice shall devolve upon them before noon on the twentieth day of the year next following, then the Lieutenant Governor shall be Governor General. No person except a natural born citizen shall be eligible to the office of Governor General, neither shall any person be eligible to that office who shall not have been fourteen years a resident within the State. No person shall be elected to the office of the Governor General more than twice, and no person who has held the office of Governor General, or acted as Governor General, for more than two years of a term to which some other person was elected Governor General shall be elected to the office of the Governor General more than once.

2f. The person having the greatest number of votes as Lieutenant Governor shall be Lieutenant Governor, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Lieutenant Governor. A quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. No person ineligible to the office of Governor General shall be eligible to that of Lieutenant Governor.

2g. The Congress may by law provide for the case of the death of any of the persons from whom the Common Council may choose a Governor General whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Lieutenant Governor whenever the right of choice shall have devolved upon them.

Section 3a. In the case of removal of the Governor General from office or of his death or resignation, the Lieutenant Governor shall become Governor General.

3b. Whenever there is a vacancy in the office of the Lieutenant Governor, the Governor General shall nominate a Lieutenant Governor who shall take office upon confirmation by a majority vote of both Houses of Congress.

3c. Whenever the Governor General transmits to the Chair of the Common Council and the President pro tempore of the Senate his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as Acting Governor General.

3d. Thereafter, when the Governor General transmits to the Chair of the Common Council and the President pro tempore of the Senate his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Lieutenant Governor and a majority of either the chief officers of the executive or of such other body as Congress may by law provide, transmit within four days to the Chair of the Common Council and the President pro tempore of the Senate their written declaration that the Governor General is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two thirds vote of both Houses that the Governor General is unable to discharge the powers and duties of his office, the Lieutenant Governor shall continue to discharge the same as Acting Governor General. Otherwise, the Governor General shall resume the powers and duties of his office.

Section 4a. The Governor General shall be commander in chief of the military forces of the State, and of the militia, when called into the actual service of the State; he may require the opinion, in writing, of the principal officer in each of the executive offices, upon any subject relating to the duties of their respective offices, and he shall have the power to grant reprieves and pardons for offenses against the State, except in cases of impeachment.

4b. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur. He shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, Court of Criminal Appeals, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. The Congress may by law vest the appointment of such inferior officers, as they think proper, in the Governor General alone, in the courts of law, or in the heads of departments.

4c. The Lieutenant Governor shall nominate, and by and with the consent of the Senate, shall appoint judges of the Court of Review.

Section 5. The Governor shall from time to time give to the Congress information of the state of the State, and recommend to their consideration such measures as he shall judge necessary and expedient. He may, on extraordinary occasions, convene both Houses, or either of them, and in cases of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public ministers. He shall take care that laws be faithfully executed, and shall commission all the officers of the military forces of the State.

Section 6a. The power and responsibility to fully and faithfully execute the State tax code shall be vested in the Comptroller and Auditor General. He shall hold his office during the term of four years and be elected as follows:

6b. The Governor General shall nominate no fewer than three qualified candidates for the office of Comptroller and Auditor General, and upon the approval of no fewer than three qualified candidates by both Houses of Congress, the People shall elect one of the several candidates by popular vote. If the Congress shall not approve at least three qualified candidates before noon on the twentieth day of the year next following, the Court of Review shall determine the qualification of the nominees. No person except a natural born citizen shall be eligible to the office of Comptroller and Auditor General, neither shall any person be eligible to that office who shall not have been ten years a resident within the State. Congress may prescribe further qualifications for the office of Comptroller and Auditor General to include academic degree and years of relevant work experience; however, Congress may prescribe no additional qualifications until the population of the State shall exceed one million persons, and Congress may prescribe no additional qualifications that would reduce the number of qualified citizens to less than one half of one one-thousandth of the population of the State.

Section 7a. Any bill concerning the appropriation of funds, which shall have passed the Common Council and the Senate, shall, before it becomes a law, be presented to the Comptroller and Auditor General. If he approves, he shall sign it, but if not, he may strike out individual appropriations as he deems necessary until he approves of the bill. If he so strikes any appropriations, he shall refer the bill with his objections and a list of appropriations stricken to the Congress. Upon a two thirds vote of both Houses, the stricken appropriations will be restored, and the bill shall become law. If a two thirds consensus to restore the bill cannot be reached, the bill shall become law excepting those appropriations stricken by the Comptroller and Auditor General.

7b. The authority to regulate the value of State currency, and of foreign currency shall be vested in a State Reserve Bank, which shall be governed by a Board of directors. The State Reserve Board shall be charged with the responsibility of limiting inflation of the State economy and of limiting unemployment. They shall have all necessary and proper powers to regulate the monetary policy of the State in order to execute this charge and may do so according to their good judgment. The size and composition of, and qualifications of members of the State Reserve Board shall be determined by law. The Comptroller and Auditor General shall nominate, and by and with the advice and consent of the Senate, shall appoint all principle officers of the State Reserve, who shall hold their offices in good behavior. The State Reserve may lend no monies to the Government.

7c. The Comptroller and Auditor General shall, by virtue of his office, be the Secretary of the Treasury and may exercise any executive power devolved to him by the Congress and the Governor General in this capacity. He shall have the power to nominate, and by and with the advice and consent of the Senate, to appoint all other principle officers of the Department of the Treasury.

Section 8a. The power and responsibility to fully and faithfully execute State election law shall be vested in the Commissioner General. He shall supervise, and by affixing his seal, he shall certify the fair and equitable administration of elections. He shall hold his office during the term of two years and be elected as follows:

8b. The Governor General shall nominate no fewer than three qualified candidates for the office of Commissioner General, and upon the approval of no fewer than three qualified candidates by both Houses of Congress, the People shall elect one of the several candidates by popular vote. If the Congress shall not approve at least three qualified candidates before noon on the twentieth day of the year next following, the Court of Review shall determine the qualification of the nominees. No person except a natural born citizen shall be eligible to the office of Commissioner General, neither shall any person be eligible to that office who shall not have been ten years a resident within the State. Congress may prescribe further qualifications for the office of Commissioner General to include academic degree and years of relevant work experience; however, Congress may prescribe no additional qualifications until the population of the State shall exceed one million persons, and Congress may prescribe no additional qualifications that would reduce the number of qualified citizens to less than one half of one one-thousandth of the population of the State.

Section 9a. Any bill concerning the regulation of elections, qualifications of the electorate, and redistricting of Senate districts according to the apportionment of the population by the Census, which shall have passed the Common Council and the Senate shall, before it becomes a law, be presented to the Commissioner General. If he approves, he shall sign it, but if not, he shall refer it with his objections to the Court of Review. If after such consideration of the Court, the bill is ruled to conform to the articles herein, it shall become law. If any bill shall not be referred to the Court by the Commissioner General within ten days, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it.

9b. The Commissioner General shall, by virtue of his office, be the Secretary of State and may exercise any executive power devolved to him by the Congress and the Governor General in this capacity. He shall have the power to nominate, and by and with the advice and consent of the Senate, to appoint all other principle officers of the Department of State. He shall commission all civil officers of the State.

Section 10a. The power and responsibility to fully and faithfully execute State law concerning law enforcement, criminal justice and corrections shall be vested in the Attorney General. He shall represent the State in all suits, pleas, and cases in the High Courts in which the State may be a party. He shall hold his office during the term of four years and be elected as follows:

10b. The Governor General shall nominate no fewer than three qualified candidates for the office of Attorney General, and upon the approval of no fewer than three qualified candidates by both Houses of Congress, the People shall elect one of the several candidates by popular vote. If the Congress shall not approve at least three qualified candidates before noon on the twentieth day of the year next following, the Court of Review shall determine the qualification of the nominees. No person except a natural born citizen shall be eligible to the office of Attorney General, neither shall any person be eligible to that office who shall not have been ten years a resident within the State. Congress may prescribe further qualifications for the office of Attorney General to include academic degree and years of relevant work experience; however, Congress may prescribe no additional qualifications until the population of the State shall exceed one million persons, and Congress may prescribe no additional qualifications that would reduce the number of qualified citizens to less than one half of one one-thousandth of the population of the State.

Section 11a. Any bill concerning the administration of law enforcement, criminal justice and corrections, which shall have passed the Common Council and the Senate, shall, before it becomes a law, be presented to the Attorney General. If he approves, he shall sign it, but if not, he shall refer it with his objections to the Court of Review. If after such consideration of the Court, the bill is ruled to conform to the articles herein, it shall become law. If any bill shall not be referred to the Court by the Attorney General within ten days, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it.

11b. The Attorney General shall, by virtue of his office, be the Secretary of Justice and may exercise any executive power devolved to him by the Congress and the Governor General in this capacity. He shall have the power to nominate, and by and with the advice and consent of the Senate, to appoint all other principle officers of the Department of Justice.

Section 12. The Congress may determine the day on which the People shall give their votes for the offices of Comptroller and Auditor General, Commissioner General, and Attorney General, which day shall be the same throughout the State.

Section 13. In the case of vacancy in the offices of Comptroller and Auditor General, Commissioner General, or Attorney General, the Governor General may issue writs of election to fill the vacancies. Until such time as the vacancies may be filled by elections as prescribed herein, the Congress may provide by law for acting Executive officers to be chosen from among the officers of their respective Executive departments to fill the vacancies; or, if three qualified candidates for the offices of Comptroller and Auditor General, Commissioner General, or Attorney General are not approved and duly elected within thirty days after the Governor General takes office, he may appoint acting Executive officers to hold these offices until such time as the positions may be filled by elections as prescribed herein.

Section 14. The Governor General, Lieutenant Governor, the Executive Officers, and all civil officers of the State shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.